concurring.
I concur with the majority opinion and believe, although we do not specifically hold today, that the Open Records law is invoked — subject to its exemptions — anytime a public record keeping agency is employed, even by private parties. Of course, it is the circuit clerk to which I refer. Here, the litigation involves a public agency with public funds being affected. However, even when the litigation is between private parties, once the settlement agreement has been lodged with the clerk — a public agent — then it becomes as any other document so filed. There are ample protections for private parties under KRS 61.878.
I do not believe our holding here today is intended to infringe upon the broad discretion of trial courts in guarding against prejudice which might arise from public disclosure of certain evidence filed of record while the case is ongoing. The temporary sealing of certain documents and other like precautions may, in some cases, be necessary to insure both sides a fair trial. Our holding here today refers only to settlement agreements filed at the conclusion of the case.
Lastly, it seems that it would behoove private litigants not to file in the public record any settlement agreements- — sealed or unsealed — which might contain information not wished to be disclosed to public scrutiny. An agreed order of dismissal should be sufficient, and settlement agreements can be suitably drawn to stand upon their own as far as future enforcement is concern.
SCOTT, J., joins.